[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57150-57152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19584]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-05-122]
RIN 1625-AA00


Safety Zone; Fireworks Display, Potomac River, Washington, DC.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
the Potomac River. This action is necessary to provide for the safety 
of life and property during a fireworks display on the Potomac River. 
The safety zone will allow for control of designated areas of the river 
and safeguard spectators and participants.

DATES: This rule is effective from 7:30 p.m. to 10 p.m. on October 1, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-05-122 and are available for 
inspection or copying at Commander, Coast Guard Sector Baltimore, 2401 
Hawkins Point Road, Baltimore, Maryland 21226-1791, between 9 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Coast Guard Sector 
Baltimore, at (410) 576-2674.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists

[[Page 57151]]

for not publishing an NPRM. Publishing an NPRM and delaying its 
effective date would be contrary to public interest, since there is not 
sufficient time to publish a proposed rule in advance of the event and 
immediate action is needed to protect persons and vessels against the 
hazards associated with a fireworks display from a barge, such as 
premature detonation or falling burning debris.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This safety zone of short duration 
is needed to provide for the safety of persons and vessels on the 
Potomac River.

Background and Purpose

    On October 1, 2005, The Kennedy Center of Performing Arts in 
Washington, DC will sponsor an event entitled ``Festival of China'' 
that will include a fireworks display launched from two barges located 
on the Potomac River, approximately 1,000 feet upstream of the Theodore 
Roosevelt Memorial Bridge, in Washington, DC. A fleet of spectator 
vessels is anticipated for this event. Due to the need for vessel 
control during the fireworks display, vessel traffic will be restricted 
to provide for the safety of spectators and transiting vessels.
    The purpose of this regulation is to promote maritime safety, and 
to protect the environment and mariners transiting the area from the 
potential hazards due to a fireworks display from a barge. This rule 
establishes a safety zone on the waters of the Potomac River in 
Washington, DC, approximately 1,000 feet upstream of the Theodore 
Roosevelt Memorial Bridge, within a radius of 200 yards around two 
fireworks barges which will be located at position latitude 38[deg]53' 
45.7'' N, longitude 077[deg]03' 31.6'' W.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Potomac River. The safety zone will be in effect from 7:30 p.m. 
to 10 p.m. on October 1, 2005. This safety zone will protect spectators 
and mariners transiting the area from the potential hazards associated 
with a fireworks display launched from a barge on the Potomac River. 
This rule limits access to the safety zone to those vessels authorized 
by the Captain of the Port Baltimore. Except for persons or vessels 
authorized by the Captain of the Port Baltimore, no person or vessel 
may enter or remain in the zone. The Captain of the Port will notify 
the maritime community via marine broadcasts of the safety zone.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the Potomac River from 7:30 p.m. to 
10 p.m. on October 1, 2005. This rule will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule will be in effect for two-and-a-half 
hours, commercial vessel traffic in this area is limited, vessels not 
constrained by their draft may proceed safely around the safety zone, 
and the Coast Guard will issue maritime advisories to users of the 
river before the effective period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

[[Page 57152]]

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g.), of the Instruction, from further 
environmental documentation. This rule establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T05-122 to read as follows:


Sec.  165.T05-122  Safety zone; Fireworks Display, Potomac River, 
Washington, DC.

    (a) Location. The following area is a safety zone: All waters of 
the Potomac River in Washington, DC, surface to bottom, within a radius 
of 200 yards around two fireworks barges which will be located 
approximately 1,000 feet upstream of the Theodore Roosevelt Memorial 
Bridge, at position latitude 38[deg]53[min]45.7[sec] N, longitude 
077[deg]03[min]31.6[sec] W. All coordinates reference Datum NAD.
    (b) Definition. The Captain of the Port Baltimore means the 
Commander, Coast Guard Sector Baltimore or any Coast Guard 
commissioned, warrant or petty officer who has been authorized by the 
Captain of the Port to act on his behalf.
    (c) Regulations. The general regulations governing safety zones, 
found in Sec. 165.23, apply to the safety zone described in paragraph 
(a) of this section.
    (1) All vessels and persons are prohibited from entering this zone, 
except as authorized by the Captain of the Port, Baltimore, Maryland.
    (2) Persons or vessels requiring entry into or passage within the 
zone must request authorization from the Captain of the Port or his 
designated representative by telephone at (410) 576-2693 or by marine 
band radio on VHF channel 16 (156.8 MHz).
    (3) All Coast Guard vessels enforcing this safety zone can be 
contacted on marine band radio VHF channel 16 (156.8 MHz).
    (4) The operator of any vessel within or in the immediate vicinity 
of this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State and local agencies.
    (e) Effective period. This section is effective from 7:30 p.m. to 
10 p.m. on October 1, 2005.

    Dated: September 19, 2005.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. 05-19584 Filed 9-29-05; 8:45 am]
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